As the readers of the Holland Blog know, Brian Johnson and Alexander Haney ganged up on me claiming that I trespassed onto Brian Johnson’s property in an attempt to criminalize me and to shut my up.
This happened on September 30, 2009. The pictures with the time stamps on my camera proved them to be liars and I was able to prove that I did not tresspass.

After Brian Johnson’s many improprieties since then, kicking-inn the driver door to my car (I can't prove it..) after I took pictures and reported Alexander Haney driving the heavy front-loader around Holland Elementary School without the proper training and the required hoisting license issued by the Department of Public Safety; Brian Johnson toying with the safety of the entire community by hiring his friend and neighbor Haney and others knowing that they had not the required licenses to operate the heavy equipment; Brian’s lack of competency and experience to build a simple storm water management system; the fact that his Highway Department was fined $12,000 by the DEP for a Wetland Protection Act Violation; his lack of expertise and absence of effective preventive road maintenance; the fact that he replaced a dump truck with only 60,000 miles at the cost of more than $175,000 (money the town had to borrow) instead of just replacing the rusted dump body at a fraction of the cost; Brian’s joyride with one of his two children in a truck of the HWD, his garbage disposal at the cost of the taxpayer; Brian’s involvement in the Johnson Landgate scandal (Brian is the owner of one of the illegal lots without frontage created by the ANR plan); etc, etc, etc.

As I reported here on the blog, Tani Sapirstein tried to prevent me from playing the audio-recording during the still ongoing hearing on my request for a “Criminal Harassment Prevention Order” against Brian Johnson in Palmer District Court to set the record straight, Brian denied any wrongdoing and went as far as accusing me of having made a death threat towards him according to the official police report. Tani Sapirstein failed and I played the audio to Justice Patricia Poehler on June 9, 2011.
Just four days later, Sapirstein filed a civil suit on behalf of Brian against me. Her complaint is claiming that Brian Johnson suffered damages and is seeking unspecified damages and attorney’s fees from me!

Hard to believe, isn’t it? Brian Johnson is repeatedly harassing me and tried to give me a good gang beating for exposing his lack of character, professionalism, bad judgment, and unlawful actions, and now he wants to get paid for it..

Sapirstein’s complaint is as frivolous as can be and I filed a pre-answer motion to dismiss, with a memorandum of law in support of the motion.

The hearing was scheduled for Tuesday July 12, and Sapirstein handed me her opposition while we were already in front of Justices Sanabria Vega. Justice Vega realized that I had no chance to read Sapirstein’s opposition and suggested to continue the hearing to another day.

Sapirstein just ignored her and started her argument. I asked, “your honor, is a continuance of the table now?” Sapirstein just rolled ahead. In disbelieve, I stuttered a few things like an idiot and Justice Vega took it under advisement.

Back home, I read Sapirstein’s opposition to my motion to dismiss and couldn’t believe what I read. Sapirstein built up her deceiving argument, ignoring the legislatures mandate to claim to be an “aggrieved person” who’s “personal or property interest or privacy was invaded” during the recording.
Her deceptive argument culminated in an outright lie!
She made the panel of Justice of the Supreme Judicial Court of the Commonwealth (SJC) to her partners in crime, citing part of an opinion the SJC made in a criminal case and claiming the opinion was made in a civil action!!!
To violate the Mass. Wiretap statute, G.L. c.272, s.99 and to be found guilty in the course of a criminal procedure, the mere fact that a recording of speech without the consent of all involved parties may suffice; to have the civil remedy available provided in the same statute, the recording had to violate the privacy or property interest of the aggrieved person.

To be admitted to practice law, every attorney is required to take the Massachusetts Attorney’s oath, G.L. c.221, s.38.
Taking that oath, Tani Sapirstein solemnly swore:

I, Tani Sapirstein, solemnly swear that I will do no falsehood, nor consent to the doing of any in court; I will not wittingly or willingly promote or sue any false, groundless or unlawful suit, nor give aid or consent to the same; I will delay no man for lucre or malice; but I will conduct myself in the office of an attorney within the courts according to the best of my knowledge and discretion, and with all good fidelity as well to the courts as my clients. So help me God.

How could anybody believe in our system of justice if attorney’s are allowed to corrupt the process to the point where they can lie to judges with impunity?

As with every oath comes responsibility. The Massachusetts Attorney’s oath declares any attorney to be an officer of the courts. As such, Sapirstein’s signed pleadings enjoy the presumption that they are true, a dangerous proposition.

Once a motion is under advisement, there is nothing you can do, you can’t just call the judge and inform the judge that the attorney on the other side is a habitual liar.

Mass. Rules of Civil Procedure, rule 11(a) allow the court to sanction an attorney who violates his / her oath. Rarely applied, it gave me at least an opportunity to file a request to have Sapirstein sanctioned.
This gives me at least an opportunity to bring it to the Court’s attention.
I did file my request to sanction Tani Sapirstein July 15, 2011, and a hearing is slated for Tuesday July 26, 2011, at 2 pm.

July 20, 2011, Peter Frei

To read any of the documents mentioned above, click on any names of documents typed in bold/italic, or;
To read the complaint, click here!
To read my motion to dismiss, click here!
To read my memorandum in support of my motion to dismiss, click here!
To read COMMONWEALTH vs. ANTHONY JACKSON, 370 Mass. 502 (1976) click here!
To read COMMONWEALTH vs.MICHAEL J. HYDE, 434 Mass. 594 (2001) click here!
To read Sapirstein's opposition to my motion to dismiss, click here!
To read my request to sanction Tani Sapirstein, click here!